Although overshadowed by a variety of high-profile news events (celebrity deaths, governors on opposite coasts leaving home or leaving office, and the U.S. House passing the largest tax increase in American history), last week’s announcement that Denver District Judge Christina Habas made the short list of recommendations to fill two Colorado federal judicial vacancies is noteworthy. 

The list of potential nominees, forwarded by U.S. Senators Mark Udall, D-Boulder, and Michael Bennet, D-Denver, was generated based on the advice of a diverse, bipartisan advisory panel co-chaired by former Colorado Supreme Court Justice Rebecca Kourlis and Hal Haddon, a prominent Colorado attorney, according to a brief article in the Denver Post.

Judge Habas, it may be recalled, defended Colorado’s Constitution (and upheld the rights of Colorado citizens) by ruling (correctly) that the “Mill Levy Tax Freeze” law (SB-199) passed by the Colorado Legislature and signed into law by Governor Bill Ritter was an unconstitutional property tax increase.

Although Habas, a registered Democrat, expressed sympathy toward the stated aim of the law (”increase funding for education”), she put her duty as a judge, and her oath to uphold the constitution, ahead of her personal preferences.  Understanding that the proper role of judges is upholding the law, not making it, Judge Habas concluded her 30 May 2008 ruling in declaring the “Mill Levy Tax Freeze” unconstitutional as follows:

However well-intentioned and commendable the purpose and consequences of SB-199, this Court must be concerned only with enforcement of the Colorado Constitution. While this Court candidly expresses its concern as to the resulting consequences of this decision, it must nonetheless perform its duties in a manner consistent with its oath to uphold the Constitution.

An article in Face The State reinforces the evaluation of Judge Habas as a fair and impartial jurist, quoting Denver attorney Richard Westfall (who argued the Mill Levy Tax Freeze case before her):

“I thought Judge Habas did a very good job in the mill levy property tax case and I don’t think the Colorado Supreme Court in any way explained why it reversed her,” said Westfall. “She has a reputation for really rolling up her sleeves and doing her job. She believes in following the law instead of advancing a political agenda.”

How refreshing!  A judge that actually upholds the law - the Colorado Constitution - and honors her oath of office.  How unfortunate that such a judge was overturned by the “Mullarkey Majority” of unjust justices on the Colorado Supreme Court in the Mill Levy Tax Freeze case.

Take the opportunity to call Senator Udall and Senator Bennet to voice your support for recommending judges who uphold the rule of law, remind them that you expect the same criteria when it comes to confirming a U.S. Supreme Court justice, and remember to vote “NO“ on retaining the unjust justices of the “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice, and most importantly Chief Justice Mary Mullarkey) in office in 2010.

Let’s Clear The Bench, Colorado!

Tags: Alex Martinez, Christina Habas, Colorado Constitution, Colorado Judges, Colorado Mill Levy, Colorado Supreme Court, judicial accountability, Judicial Activism, judicial usurpation, Know Your Judge, Mark Udall, Mary Mullarkey, Michael Bender, Michael Bennet, Mill Levy Tax Colorado, Mill Levy Tax Freeze, Mullarkey Court, Mullarkey Majority, Nancy Rice, Rule of Law, TABOR, unjust justices